SYSTEM FEDERATION NO. 23, RAILWAY EMPLOYES'

DEPARTMENT, A. F. of L.-C. I. O. (Sheet Metal Workers)

NEW YORK, CHICAGO AND ST. LOUIS RAILROAD

COMPANY, THE

EMPLOYES' STATEMENT OF FACTS: The New York, Chicago and St. Louis Railroad Company (Wheeling and Lake Erie District), hereinafter referred to as the carrier, employs in its Brewster, Ohio roundhouse, sheet metal workers to perform all necessary sheet metal work in accordance with the terms of the current agreement. Prior to August 5, 1956 the work of testing and repairing sanders on locomotives worked at Brewster was performed by the sheet metal workers named in part 2 of the "Claim of Employes", who will hereinafter be referred to as the claimants. (See statement of employes submitted herewith and identified as Exhibit A)

The work of testing sanders consist of entering the cab of the locomotive, applying the sander valve, front and rear, walking around the locomotive and

There is no similar item appearing in Rule 46 covering sheet metal workers and neither has general engine inspecting ever been work generally recognized as sheet metal workers' work. The mere fact that the employes do not protest inspections by enginemen, foremen, general foremen, and others, should be ample evidence that such work is not included in Rule 45 or 46.

Rule 13(D) is apparently erroneously referred to repeatedly by the employes in handling on the property. It is assumed that they intended to refer to Rule 12 (D) which reads as follows:

"(D) Except as specifically required by the Craft Rules of this Agreement, the Company will not change its established practice with respect to the separation of work between crafts unless an agreement covering such change is negotiated with System Federation No. 23. Neither will the Company make permanent assignment of any new processes to any of the crafts hereby governed except by agreement negotiated with System Federation No. 23. Pending agreement at to the assignment of new processes, the Company may use any competent employe to perform the work embraced by such new processes."

It is obvious that there has been no change in the practice with respect to separation of work between crafts as referred to in this rule. The discontinuance of any work is not a change as referred to in this rule.

The claim is entirely without merit and should be denied.

FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

It is claimed that the carrier improperly assigned other than sheet metal workers to test and repair sanders on locomotives at Brewster, Ohio, on and after August 8, 1956. In progressing this dispute on the property, the organization consistently referred to the matter of "checking the condition of the sanders". Checking the condition of sanders would be seem to be synonymous with inspection and testing and ordinarily independent of cleaning, adjusting, or making repairs.

The record clearly establishes that the work of repairing, adjusting and cleaning sanders has been performed at Brewster, Ohio, only by sheet metal workers before and since August 8, 1956. It is also shown that members of the machinists craft have always inspected engines, including sanders, at Brewster, and that prior to August 8, 1956, the carrier had required a duplicate inspection of sanders by sheet metal workers. It appears that since substantially completing dieselization in August 1956, the additional inspection of sanders by sheet metal workers was deemed unnecessary and discontinued. On the basis of the instant record, we think the carrier's decision

in this respect was a proper exercise of managerial discretion and was not precluded by the applicable provisions of the agreement. The instant claim, therefore, lacks merit.

AWARD